A Kenyan High Court has temporarily set aside the impeachment of Deputy President Rigathi Gachagua.
The Senate impeached Gachagua on Thursday night on five counts out of 11 charges.
He was accused of undermining the independence of judges, violating the National Cohesion and Integrity Act 4, gross misconduct (public attacks on the National Security Intelligence Service) among others.
A total of 281 MPs voted in favour of his ouster. One MP abstained from voting.
Mr Gachagua was hospitalised when lawmakers impeached him.
He proceeded to the high court earlier on Friday to stop the implementation of the impeachment on grounds of “monumental constitutional issues”.
The court, led by Chacha Mwita, temporarily halted the impeachment pending a hearing on the petition.
The court also suspended the appointment of a replacement for the post of deputy president. Kenya President William Ruto had nominated Kithure Kindiki, interior minister, as his new deputy.
On Friday morning, the National Assembly approved Kindiki’s appointment.
“Upon considering the pleadings, supporting affidavit, and attachments, I am satisfied that the petition and application raise monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights,” Mwita said.
“Due to the issues raised in the petition and application and the urgency demonstrated, a conservatory order is hereby issued, staying the implementation of the resolution by the Senate upholding the impeachment charges against the petitioner (Gachagua) until October 24, when the matter will be mentioned before the bench to be appointed by the chief justice for appropriate orders and action.”
